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accused, nevertheless engaged in recruitment activities, offering and
promising jobs to private complainants and collecting from them various
amounts as placement fees.
This is substantiated by the respective
testimonies of the three private complainants who fell victim to their illegal
activities. Marcelo de Guzman testified that appellant was physically present
during the time that he and his companions were being shown job orders
and while he was paying for the fees for himself and in behalf of his
companions. Francisco Poserio testified that appellant was one of those who
apprised him of job benefits and tried to convince him to apply for overseas
employment through their agency. Gina Decena mentioned that [appellant]
even gave her a copy of the job order.
We find no cogent reason to disturb the findings of the lower court that
there was conspiracy among the accused in the commission of the offense.
Direct proof of previous agreement to commit a crime is not necessary. It
may be deduced from the mode and manner in which the offense was
perpetrated, or inferred from the acts of the accused which point to a joint
purpose and design, concerted action and community of interest.
Conspiracy exists where the participants performed specific acts with such
closeness and coordination as unmistakably to indicate a common purpose
or design in committing the crime.
The testimonies of the complainants on the matter are affirmative in nature
and sufficiently corroborative of each other to be less than credible. It would
be contrary to human nature and experience for several persons to conspire
and accuse appellant of a crime and send him to prison just to appease their
feeling of rejection and vindicate the frustration of their dreams to work
abroad if all he did was just to reside in the same apartment where his
mother-in-law [Daud] operated her recruitment agency. It is in this light
that We find any inconsistencies that accused-appellant harps on in the
tesimonines of the complainants to be inconsequential. What is important is
that they have positively identified accused-appellant as one of those who
enticed them to part with their money in exchange for promised jobs
abroad.
The crime of illegal recruitment, according to the Supreme Court is
committed when, among other things, a person, who without being duly
authorized according to law, represents or gives the distinct impression that
he or she has the power or the ability to provide work abroad convincing
those to whom the representation is made or to whom the impression is
given to thereupon part with their money in order to be assured of that
employment. This is what obtains in this case.
Contrary to appellant’s mistaken notion, it is not the issuance or signing of
receipts for the placement fees that makes a case for illegal recruitment, but
rather the undertaking of recruitment activities without the necessary
license or authority. The absence of receipts to evidence payment is not
necessarily fatal to the prosecution’s cause. A person charged with the
illegal recruitment may be convicted on the strength of the testimony of the
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/57079
11/19